Affiliate Terms of Service

This website, services and Ampfluence applications are owned and controlled by Stratiq LLC (dba Ampfluence) unless otherwise indicated.

By accessing or using the Ampfluence website, services, or Ampfluence Applications including mobile applications, made available by Ampfluence (collectively Service(s)) however accessed, you agree to be bound by these Terms of Use (“TOS”).

These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use (TOS), do not access or use the Service(s). By accessing, obtaining or using the services you agree to be bound by the Terms of Use.

ARBITRATION NOTICE

EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND AMPFLUENCE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

General Description

Ampfluence is a service for individuals, groups and companies (users) that consults with users to understand the user’s audience, and works with users to engage their target audience with consistent social interactions (liking, commenting, following, etc.). Ampfluence services are intended to build your audience over time.

I. Basic Terms

1. Ampfluence is not affiliated with Facebook, Instagram, Twitter, or any social media site or service except as a user or advertiser or Facebook, Twitter Instagram third-party partners or other social media services or providers.
2. You agree that it is your sole responsibility to comply with all Instagram, Facebook, Twitter or other social media sites rules and all laws, rules, and regulations that apply to you concerning sites that are receiving services from Ampfluence. This includes but not limited to Copyright, Trademark, Fair Use, Privacy or any other Intellectual Property rights.
3. Ampfluence is not responsible for any or all actions that you take or perform using Instagram, Facebook, Twitter, or other social media. The appropriateness or legal status of any posts to your account is solely your responsibility.
4. Obtaining or accessing Ampfluence services require access to social media password(s). Any changes or updates to your password(s) will directly affect Ampfluence ability to provide service(s), it is your responsibility to inform and update this information with Ampfluence.
5. Audience engagement is not guaranteed, engaging an audience is based on you content. Ampfluence works to bring your content to the attention of your target audiences but cannot guarantee that the target audience will become engaged, follow or otherwise show an interest in your content.
6. Ampfluence does not have any control over who becomes a follower; we offer no protection from spam, fake, inactive or otherwise unwanted followers. It is always your responsibility to take appropriate action to block or otherwise disengage unwanted users from your account.
7. We reserve the right to modify, suspend or limit any offered service(s) at any time without notice. Ampfluence when possible will apply its best efforts to provide reasonable notice to you when such change is or has occurred.
8. Ampfluence may at its sole discretion modify or terminate any and all service(s) when Ampfluence becomes aware of a violation by you or your agent in connection to Ampfluence, Facebook or other social media sites Terms of Service or a breach of any applicable rule, regulation or law that you are subject to without prior notice to you.

II. General Terms

1. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on your social media account(s).
2. You also represent that all information you provide or provided to Ampfluence upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
3. You are responsible for keeping your password secret and secure. Ampfluence will use its best efforts to use current Industry Standards for File storage and security to include encryption to protect your Social Media credentials you have submitted to Ampfluence.
4. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the social media sites that are proved service(s) offered by Ampfluence , including, without limitation, any person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
5. You may not use social media sites that are proved service(s) offered by Ampfluence for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of Content posted or supplied by you (defined as any posting by you to your social media accounts), including but not limited to, copyright laws.
6. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) via social media sites that are proved service(s) by Ampfluence
7. Violation of these Terms of Use may, in Ampfluence’s sole discretion, result in termination of your Ampfluence’s services. You understand and agree that Ampfluence cannot and will not be responsible for the Content posted on social media sites that are proved service(s) offered by Ampfluence. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Ampfluence we may stop providing all or part of the Service(s) to you.

III. Ampfluence Affiliate Agreement

This agreement describes the terms and conditions for participation in the Ampfluence affiliate program. In this agreement, the term “Affiliate” refers to you (the applicant). In this agreement, Ampfluence refers to the service. The Ampfluence affiliate program is administered through our own internal system.

1. Modification

We may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of the change.

2. Enrollment

To enroll in the affiliate program, you must submit an affiliate application and be approved. As soon as the application is processed, the applicant will be notified of their acceptance status as soon as possible after their information is reviewed.

3. Affiliate Code

You will be issued a special Discount Code once you become an approved member of the Ampfluence Affiliate Program which will be unique to you and you only, and will allow you to be paid for affiliate referrals.

4. Commissions

Affiliates will receive 10% of the revenue as a commission from orders placed through our website where the client has used your unique code (unless noted otherwise for a particular product). Commissions may change at the discretion of the product publisher. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system, using the provided discount code. Due to the many marketing campaigns undertaken by our team, word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer uses the affiliate discount code. In addition, commissions for every ordered generated using the affiliate code and process outlined above will be paid a 10% monthly commission for the life of the customer order, unless the affiliate agreement is terminated by either party. 

5. Payments & Refunds

Ampfluence pays affiliates via a PayPal account provided to us. 

We operate on a monthly payment cycle. Payments are made within 7 business days after month-end, though may be sooner. For example, payments for the month of January will be sent to affiliates within 7 business days of February. This timeline allows Ampfluence to ensure no refunds are due to the client for extenuating circumstances.

Refunds are given to clients in certain situations. 

• If a full refund is processed for an affiliate referred client, then no referral payment is made for that client.
• If a partial refund is process for an affiliate referred client, then payment will be made based on the actual amount collected. 

If the PayPal email changes, it is the responsibility of the affiliate to notify us to ensure correct routing of all referral payments. Payments returned due to incorrect email addresses will result in delays or be postponed to a subsequent payment cycle.

6. Order Fulfillment

Customers who purchase products and services through the Ampfluence Affiliate Program will be deemed to be customers of Ampfluence. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Ampfluence policies will always determine the price paid by the customer.

7. Qualifying Sites

Ampfluence reserves the right to refuse any site entry into the Ampfluence Affiliate Program based on site content. Sites that do not qualify for the Affiliate Program include, but are not limited to, those that:

• Promote sexually explicit materials
• Promote violence
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promote illegal activities
• Infringe or otherwise violate any copyright, trademark, or other intellectual property rights of any other site

8. Permitted Usage

The following are permitted uses of the Ampfluence brand and marketing resources

• Affiliates are permitted to use the graphical banners and design resources containing Ampfluence logo as per the branding guidelines outlined. Affiliates should not alter or modify the Ampfluence logo. 
• If an affiliate requires additional creatives, please contact hello@ampfluence.com and our design team will gladly provide assets.

9. Prohibited Usage

The following cases are prohibited and are grounds for immediate termination of the affiliate account.

• Affiliates MAY NOT use the Ampfluence logo, logo marks or other Ampfluence website/branding imagery in a manner that implies they are representing Ampfluence, or official partners of Ampfluence. 
• Affiliates MAY NOT promote discount codes that were not provided to them directly by the Ampfluence team. Want to promote a coupon? Contact us and we can work with you. You may NOT promote coupon codes you may have found elsewhere online. Doing so can result in the termination of your affiliate account and withholding of affiliate payments for violating our affiliate agreement.
• Affiliates MAY NOT host or promote “coupon stacking” sites where customers may combine coupons to receive additional discounts.
• Affiliates MAY NOT promote their discount codes on coupon sites or coupon aggregators. 

10. Ampfluence Anti-Spam Policy

Ampfluence strictly prohibits affiliates from using spam e-mail and other forms of Internet abuse (including spamming forums, blogs, Twitter, Facebook and other social media outlets) to generate sales. Spam is defined as including, but not limited to, the following:

• Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of the recipient through an opt in subscription;
• Messages posted to Usenet, forums, Twitter, Facebook and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules. Be conscious of forum rules! If a forum owner or moderator complains that an affiliate has spammed, the affiliate account may be permanently terminated after investigation.
• Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
• Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or “Instant Messaging” system;
• Certain off-line activities that, while not considered Spam, are similar in nature, including distributing flyers or leaflets on private property or where prohibited by applicable rules, regulations, or laws.

Ampfluence, may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

Account Termination: Upon the receipt of a credible complaint, the Ampfluence Affiliate Program manager may investigate the complaint, and if necessary, will then terminate the affiliate account of the individual implicated in the abuse. Termination results in the immediate closure of the member and affiliate account, the loss of all referrals, and the forfeiture of any unpaid money on account. At Ampfluence discretion, termination may not only result in being banned from the affiliate program, but also being banned from ANY other agreements.

11. Relationship of Parties

Affiliates are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliates have no authority to make or accept any offers or representations on our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.

12. Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either Ampfluence or the affiliate may terminate this Agreement at any time, with or without cause. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate’s Web Site, all links to the Ampfluence websites, and all Ampfluence trademarks and logos, other Ampfluence marks and all other materials provided in connection with this program.

14. Limitation of Liability

Ampfluence will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, expenditures or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to the affiliate under this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and Ampfluence will not be liable for the consequences of any interruptions or errors.

16. Miscellaneous

Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with the Ampfluence Affiliate Program, you acknowledge that you have read this agreement and agree to its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.

Effective Date

The effective date of these Terms of Use is November 12, 2016. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.